10th Circuit Case Commentaries

Qualified Immunity in Substantive Due Process Claims: Insights from Tyler Glover v. Gartman et al.

Date: Sep 28, 2012

Qualified Immunity in Substantive Due Process Claims: Insights from Tyler Glover v. Gartman et al. Introduction The case of Tyler Glover, Individually, and as Personal Representative Over the Estate...

Transfer Accommodations for Medical Treatment Recognized as Reasonable Under the Rehabilitation Act in Sanchez v. USDA

Date: Sep 20, 2012

Transfer Accommodations for Medical Treatment Recognized as Reasonable Under the Rehabilitation Act in Sanchez v. USDA Introduction Sanchez v. USDA (695 F.3d 1174) is a pivotal case decided by the...

Pattie L. Keyes–Zachary v. Astrue: Establishing Standards for Disability Evaluations

Date: Sep 19, 2012

Pattie L. Keyes–Zachary v. Astrue: Establishing Standards for Disability Evaluations Introduction In the case of Pattie L. Keyes–Zachary v. Michael J. Astrue, Commissioner of Social Security...

Clarification on RICO §1962(d) Conspiracy: No Enterprise Required

Date: Sep 19, 2012

Clarification on RICO §1962(d) Conspiracy: No Enterprise Required Introduction The case of United States of America v. Tracy Harris (695 F.3d 1125) adjudicated by the United States Court of Appeals...

Validating ALJ's Substantial Evidence-Based Disability Determination: Keyes-Zachary v. Astrue

Date: Sep 19, 2012

Validating ALJ's Substantial Evidence-Based Disability Determination: Keyes-Zachary v. Astrue Introduction In the case of Pennie L. Keyes-Zachary v. Michael J. Astrue, Commissioner of Social Security...

Mandatory Minimum Sentencing in RICO Conspiracy: Tenth Circuit Affirms Conviction and Enforces Statutory Guidelines

Date: Sep 19, 2012

Mandatory Minimum Sentencing in RICO Conspiracy: Tenth Circuit Affirms Conviction and Enforces Statutory Guidelines Introduction The case of United States of America v. Corey Cornelius (696 F.3d...

Enhancing Confrontation Rights: The Pablo Decision Post-Williams v. Illinois

Date: Sep 7, 2012

Enhancing Confrontation Rights: The Pablo Decision Post-Williams v. Illinois Introduction The case of United States of America v. Jonathan Pablo, decided by the United States Court of Appeals for the...

Assessing Harmless Error and Procedural Defaults in Federal Habeas Review: The Banks v. Workman Decision

Date: Sep 6, 2012

Assessing Harmless Error and Procedural Defaults in Federal Habeas Review: The Banks v. Workman Decision Introduction In the case of Anthony Rozelle Banks v. Randall Workman, decided by the United...

Tenth Circuit Clarifies Jurisdictional Boundaries Post-Unconditional Guilty Plea

Date: Sep 1, 2012

Tenth Circuit Clarifies Jurisdictional Boundaries Post-Unconditional Guilty Plea Introduction In the case of United States of America v. Jay Stuart De Vaughn, adjudicated by the United States Court...

Statistical Significance in ADEA Class Actions: A Comprehensive Commentary on Apsley v. Boeing Co.

Date: Aug 28, 2012

Statistical Significance in ADEA Class Actions: A Comprehensive Commentary on Apsley v. Boeing Co. Introduction The case of Apsley v. Boeing Co. addresses the complex intersection of employment...

Complete Preemption and Federal Jurisdiction in Declaratory Judgments: Tenth Circuit's Decision in Devon Energy v. Mosaic Potash

Date: Aug 23, 2012

Complete Preemption and Federal Jurisdiction in Declaratory Judgments: Tenth Circuit's Decision in Devon Energy v. Mosaic Potash Introduction In the case of Devon Energy Production Company, L.P. v....

Affirmation of SAMs Restrictions in Al-Owhali v. Holder

Date: Aug 8, 2012

Affirmation of SAMs Restrictions in Al-Owhali v. Holder Introduction The case of Mohamed Rashed D. Al-Owhali v. Eric H. Holder addresses the legality of Special Administrative Measures (SAMs) imposed...

HOOKS v. WORKMAN (10th Cir. 2012): Affirmation of Denial of Habeas Relief on Mental Retardation Claims and Conditional Grant on Ineffective Assistance of Counsel in Death Penalty Sentencing

Date: Aug 4, 2012

HOOKS v. WORKMAN (10th Cir. 2012): Affirmation of Denial of Habeas Relief on Mental Retardation Claims and Conditional Grant on Ineffective Assistance of Counsel in Death Penalty Sentencing...

Tenth Circuit Sets Precedent on TILA Rescission: No Requirement to Plead Ability to Repay

Date: Jul 31, 2012

Tenth Circuit Sets Precedent on TILA Rescission: No Requirement to Plead Ability to Repay Introduction The case of Scott Sanders and Lisa Sanders v. Mountain America Federal Credit Union explores...

Fixed-Fee Arrangements Do Not Bar Attorney Fee Sanctions under Fed. R. Civ. P. 37: Centennial Archaeology, Inc. v. AECOM, Inc.

Date: Jul 28, 2012

Fixed-Fee Arrangements Do Not Bar Attorney Fee Sanctions under Fed. R. Civ. P. 37: Centennial Archaeology, Inc. v. AECOM, Inc. Introduction The case of Centennial Archaeology, Inc. v. AECOM, Inc....

Sovereign Immunity Does Not Extend to State-Corporate Tribal Subsidiaries: Tenth Circuit in Somerlott v. Cherokee Nation Distributors

Date: Jul 28, 2012

Sovereign Immunity Does Not Extend to State-Corporate Tribal Subsidiaries: Tenth Circuit in Somerlott v. Cherokee Nation Distributors Introduction In Somerlott v. Cherokee Nation Distributors, Inc.,...

Assessment of Residual Functional Capacity in SSD Appeals: McDonald v. Astrue

Date: Jul 24, 2012

Assessment of Residual Functional Capacity in SSD Appeals: McDonald v. Astrue Introduction Case: Gina L. McDonald, Plaintiff-Appellant, v. Michael J. Astrue, Commissioner of Social Security,...

Affirmation of Mhoon Factors in Declaratory Judgment Jurisdiction: Mid-Continent Casualty Co. v. The Village at Deer Creek HOA

Date: Jul 19, 2012

Affirmation of Mhoon Factors in Declaratory Judgment Jurisdiction: Mid-Continent Casualty Co. v. The Village at Deer Creek HOA Introduction In the case of Mid-Continent Casualty Company v. The...

Reinforcing Summary Judgment Standards in Employment Discrimination: Insights from Dodson v. Board of County Commissioners

Date: Jul 14, 2012

Reinforcing Summary Judgment Standards in Employment Discrimination: Insights from Dodson v. Board of County Commissioners Introduction The case of Donald J. Dodson v. Board of County Commissioners,...

Personal Jurisdiction and Due Process: Comprehensive Analysis from Grynberg v. Ivanhoe Energy

Date: Jul 13, 2012

Personal Jurisdiction and Due Process: Comprehensive Analysis from Grynberg v. Ivanhoe Energy Introduction In the appellate case of Grynberg v. Ivanhoe Energy, Inc., the United States Court of...

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